[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2486 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                      December 5, 2019.
    Resolved, That the bill from the House of Representatives (H.R. 
2486) entitled ``An Act to reauthorize mandatory funding programs for 
historically Black colleges and universities and other minority-serving 
institutions.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Fostering 
Undergraduate Talent by Unlocking Resources for Education Act'' or the 
``FUTURE Act''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS.

    Section 371(b)(1)(A) (20 U.S.C. 1067q(b)(1)(A)) is amended by 
striking ``for each of the fiscal years 2008 through 2019.'' and all 
that follows through the end of the subparagraph and inserting ``for 
fiscal year 2020 and each fiscal year thereafter.''.

SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMATION TO CARRY OUT THE 
              HIGHER EDUCATION ACT OF 1965.

    (a) Amendments to the Internal Revenue Code of 1986.--
            (1) In general.--Paragraph (13) of section 6103(l) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(13) Disclosure of return information to carry out the 
        higher education act of 1965.--
                    ``(A) Income-contingent or income-based repayment 
                and total and permanent disability discharge.--The 
                Secretary shall, upon written request from the 
                Secretary of Education, disclose to officers, 
                employees, and contractors of the Department of 
                Education, as specifically authorized and designated by 
                the Secretary of Education, only for the purpose of 
                (and to the extent necessary in) establishing 
                enrollment, renewing enrollment, administering, and 
                conducting analyses and forecasts for estimating costs 
                related to income-contingent or income-based repayment 
                programs, and the discharge of loans based on a total 
                and permanent disability (within the meaning of section 
                437(a) of the Higher Education Act of 1965), under 
                title IV of the Higher Education Act of 1965, the 
                following return information (as defined in subsection 
                (b)(2)) with respect to taxpayers identified by the 
                Secretary of Education as participating in the loan 
                programs under title IV of such Act, for taxable years 
                specified by such Secretary:
                            ``(i) Taxpayer identity information with 
                        respect to such taxpayer.
                            ``(ii) The filing status of such taxpayer.
                            ``(iii) The adjusted gross income of such 
                        taxpayer.
                            ``(iv) Total number of exemptions claimed, 
                        or total number of individuals and dependents 
                        claimed, as applicable, on the return.
                            ``(v) Number of children with respect to 
                        which tax credits under section 24 are claimed 
                        on the return.
                    ``(B) Federal student financial aid.--The Secretary 
                shall, upon written request from the Secretary of 
                Education, disclose to officers, employees, and 
                contractors of the Department of Education, as 
                specifically authorized and designated by the Secretary 
                of Education, only for the purpose of (and to the 
                extent necessary in) determining eligibility for, and 
                amount of, Federal student financial aid under programs 
                authorized by parts A, C, and D of title IV of the 
                Higher Education Act of 1965 (as in effect on the date 
                of the enactment of the Fostering Undergraduate Talent 
                by Unlocking Resources for Education Act) and 
                conducting analyses and forecasts for estimating costs 
                related to such programs, the following return 
                information (as defined in subsection (b)(2)) with 
                respect to taxpayers identified by the Secretary of 
                Education as applicants for Federal student financial 
                aid under such parts of title IV of such Act, for 
                taxable years specified by such Secretary:
                            ``(i) Taxpayer identity information with 
                        respect to such taxpayer.
                            ``(ii) The filing status of such taxpayer.
                            ``(iii) The adjusted gross income of such 
                        taxpayer.
                            ``(iv) The amount of any net earnings from 
                        self-employment (as defined in section 1402), 
                        wages (as defined in section 3121(a) or 
                        3401(a)), taxable income from a farming 
                        business (as defined in section 236A(e)(4)), 
                        and investment income for the period reported 
                        on the return.
                            ``(v) The total income tax of such 
                        taxpayer.
                            ``(vi) Total number of exemptions claimed, 
                        or total number of individuals and dependents 
                        claimed, as applicable, on the return.
                            ``(vii) Number of children with respect to 
                        which tax credits under section 24 are claimed 
                        on the return.
                            ``(viii) Amount of any credit claimed under 
                        section 25A for the taxable year.
                            ``(ix) Amount of individual retirement 
                        account distributions not included in adjusted 
                        gross income for the taxable year.
                            ``(x) Amount of individual retirement 
                        account contributions and payments to self-
                        employed SEP, Keogh, and other qualified plans 
                        which were deducted from income for the taxable 
                        year.
                            ``(xi) The amount of tax-exempt interest.
                            ``(xii) Amounts from retirement pensions 
                        and annuities not included in adjusted gross 
                        income for the taxable year.
                            ``(xiii) If applicable, the fact that any 
                        of the following schedules (or equivalent 
                        successor schedules) were filed with the 
                        return:
                                    ``(I) Schedule A.
                                    ``(II) Schedule B.
                                    ``(III) Schedule D.
                                    ``(IV) Schedule E.
                                    ``(V) Schedule F.
                                    ``(VI) Schedule H.
                            ``(xiv) If applicable, the fact that 
                        Schedule C (or an equivalent successor 
                        schedule) was filed with the return showing a 
                        gain or loss greater than $10,000.
                            ``(xv) If applicable, the fact that there 
                        is no return filed for such taxpayer for the 
                        applicable year.
                    ``(C) Restriction on use of disclosed 
                information.--
                            ``(i) In general.--Return information 
                        disclosed under subparagraphs (A) and (B) may 
                        be used by officers, employees, and contractors 
                        of the Department of Education, as specifically 
                        authorized and designated by the Secretary of 
                        Education, only for the purposes and to the 
                        extent necessary described in such 
                        subparagraphs and for mitigating risks (as 
                        defined in clause (ii)) relating to the 
                        programs described in such subparagraphs.
                            ``(ii) Mitigating risks.--For purposes of 
                        this subparagraph, the term `mitigating risks' 
                        means, with respect to the programs described 
                        in subparagraphs (A) and (B),
                                    ``(I) oversight activities by the 
                                Office of Inspector General of the 
                                Department of Education as authorized 
                                by the Inspector General Act of 1978, 
                                as amended, and
                                    ``(II) reducing the net cost of 
                                improper payments to Federal financial 
                                aid recipients.
                        Such term does not include the conduct of 
                        criminal investigations or prosecutions.
                            ``(iii) Redisclosure to institutions of 
                        higher education, state higher education 
                        agencies, and designated scholarship 
                        organizations.--The Secretary of Education, and 
                        officers, employees, and contractors of the 
                        Department of Education, may disclose return 
                        information received under subparagraph (B), 
                        solely for the use in the application, award, 
                        and administration of student financial aid or 
                        aid awarded by such entities as the Secretary 
                        of Education may designate, to the following 
                        persons:
                                    ``(I) An institution of higher 
                                education with which the Secretary of 
                                Education has an agreement under 
                                subpart 1 of part A, part C, or part D 
                                of title IV of the Higher Education Act 
                                of 1965.
                                    ``(II) A State higher education 
                                agency.
                                    ``(III) A scholarship organization 
                                which is designated by the Secretary of 
                                Education as of the date of the 
                                enactment of the Fostering 
                                Undergraduate Talent by Unlocking 
                                Resources for Education Act as an 
                                organization eligible to receive the 
                                information provided under this clause.
                        The preceding sentence shall only apply to the 
                        extent that the taxpayer with respect to whom 
                        the return information relates provides consent 
                        for such disclosure to the Secretary of 
                        Education as part of the application for 
                        Federal student financial aid under title IV of 
                        the Higher Education Act of 1965.
                    ``(D) Requirement of notification of request for 
                tax return information.--Subparagraphs (A) and (B) 
                shall apply to any disclosure of return information 
                with respect to a taxpayer only if the Secretary of 
                Education has provided to such taxpayer the 
                notification required by section 494 of the Higher 
                Education Act of 1965 prior to such disclosure.''.
            (2) Confidentiality of return information.--Section 
        6103(a)(3) of such Code is amended by inserting ``, (13)(A), 
        (13)(B)'' after ``(12)''.
            (3) Conforming amendments.--Section 6103(p)(4) of such Code 
        is amended--
                    (A) by inserting ``(A), (13)(B)'' after ``(13)'' 
                each place it occurs, and
                    (B) by inserting ``, (13)(A), (13)(B)'' after 
                ``(l)(10)'' each place it occurs.
    (b) Effective Date.--The amendments made by this section shall 
apply to disclosures made under section 6103(l)(13) of the Internal 
Revenue Code of 1986 (as amended by this section) after the date of the 
enactment of this Act.

SEC. 4. NOTIFICATION OF REQUEST FOR TAX RETURN INFORMATION.

    (a) In General.--Part G of title IV (20 U.S.C. 1088 et seq.) is 
amended by adding at the end the following:

``SEC. 494. NOTIFICATION OF REQUEST FOR TAX RETURN INFORMATION.

    ``The Secretary shall advise students and borrowers who submit an 
application for Federal student financial aid under this title or for 
the discharge of a loan based on permanent and total disability, as 
described in section 437(a), or who request an income-contingent or 
income-based repayment plan on their loan (as well as parents and 
spouses who sign such an application or request or a Master Promissory 
Note on behalf of those students and borrowers) that the Secretary has 
the authority to request that the Internal Revenue Service disclose 
their tax return information (as well as that of parents and spouses 
who sign such an application or request or a Master Promissory Note on 
behalf of those students and borrowers) to officers, employees, and 
contractors of the Department of Education as authorized under section 
6103(1)(13) of the Internal Revenue Code of 1986, to the extent 
necessary for the Secretary to carry out this title.''.
    (b) Conforming Amendment.--Section 484(q) (20 U.S.C. 1091(q)) is 
amended to read as follows:
    ``(q) reserved''.

SEC. 5. INCREASED FUNDING FOR FEDERAL PELL GRANTS.

    Section 401(b)(7)(A)(iv) (20 U.S.C. 1070a(b)(7)(A)(iv)) is 
amended--
            (1) in subclause (X), by striking ``$1,430,000,000'' and 
        inserting ``$1,455,000,000''; and
            (2) in subclause (XI), by striking ``$1,145,000,000'' and 
        insert ``$1,170,000,000''.

SEC. 6. REPORTS ON IMPLEMENTATION.

    (a) In General.--Not later than each specified date, the Secretary 
of Education and the Secretary of the Treasury shall issue joint 
reports to the Committees on Health, Education, Labor, and Pensions and 
Finance of the Senate and the Committees on Education and Labor and 
Ways and Means of the House of Representatives regarding the amendments 
made by this Act. Each such report shall include, as applicable--
            (1) an update on the status of implementation of the 
        amendments made by this Act,
            (2) an evaluation of the processing of applications for 
        Federal student financial aid, and applications for income-
        based repayment and income contingent repayment, under title IV 
        of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
        in accordance with the amendments made by this Act, and
            (3) implementation issues and suggestions for potential 
        improvements.
    (b) Specified Date.--For purposes of subsection (a), the term 
``specified date'' means--
            (1) the date that is 90 days after the date of the 
        enactment of this Act,
            (2) the date that is 120 days after the first day that the 
        disclosure process established under section 6103(l)(13) of the 
        Internal Revenue Code of 1986, as amended by section 3(a) of 
        this Act, is operational and accessible to officers, employees, 
        and contractors of the Department of Education (as specifically 
        authorized and designated by the Secretary of Education), and
            (3) the date that is 1 year after the report date described 
        in paragraph (2).

            Attest:

                                                             Secretary.
116th CONGRESS

  1st Session

                               H.R. 2486

_______________________________________________________________________

                               AMENDMENT